Kerala High Court
Sumathi Gopinathan vs State Of Kerala on 14 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 14TH DAY OF SEPTEMBER 2021 / 23RD BHADRA, 1943
WP(C) NO. 12943 OF 2009
PETITIONER:
SUMATHI GOPINATHAN
W/O. SRI.G.GOPINATHAN NAIR, LICENSEE,, TLEPHONE
BOOTH NO.II, THIRUVANANTHAPURAM CENTRAL,,
(PRESENTLY RESIDING AT PRANAVAM, MAIPRAMPIL,,
PLAMOODU, POTHENCODE POST, THIRUVANANTHAPURAM).
BY ADV SRI.RAJAN P.KALIYATH
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETAY, SECRETARIAT,,
THIRUVANANTHAPURAM.
2 THE KERALA STATE ROAD TRANSPORT CORPORATION,
REPRESENTED BY ITS MANAGING DIRECTOR,, HEAD
OFFICE, THIRUVANANTHAPURAM.
3 THE DISTRICT TRANSPORT OFFICER
KERALA STATE ROAD TRANSPORT CORPORATION,,
THIRUVANANTHAPURAM CENTRAL, THIRUVANANTHAPURAM.
ADDL R4. TRIVANDRUM DEVELOPMENT AUTHORITY
TVM REPRESENTED BY THE SECRETARY
ADDL R5. PRINCIPAL GENERAL MANAGER
BHARAT SANCHAR NIGAM LTD, SHASTHA TOWERS,KOWDIAR
POST,TVM-3
(ADDL R4 & R5 ARE IMPLEADED AS PER ORDER DATED 30-
04-2009 IN IA 5533/2009)
BY ADVS.
SHRI.JOHNSON P.JOHN, SC, KSRTC
SRI.M.RAJAGOPALAN NAIR, SC, TRIDA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14.09.2021, ALONG WITH WP(C).12944/2009, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).Nos.12943 & 12944 of 2009
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 14TH DAY OF SEPTEMBER 2021 / 23RD BHADRA, 1943
WP(C) NO. 12944 OF 2009
PETITIONER:
RAVEENDRAN NAIR.A
G.GOPINATHAN NAIR, LICENSEE, TELEPHONE BOOTH
NO.II, THIRUVANANTHAPURAM, CENTRAL (PRESENTLY
RESIDING, AT PRANAVAM, MAIPARAMPIL PLAMOODU,
POTHENCODE, POST, THIRUVANANTHAPURAM.
BY ADV SRI.RAJAN P.KALIYATH
RESPONDENTS:
1 STATE OF KERALA
CHIEF SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM.
2 THE KERALA STATE ROAD TRANSPORT
CORPORATION, REP. BY ITS MANAGING DIRECTOR,,
HEAD OFFICE, THIRUVANANTHAPURAM.
3 THE DISTRICT TRANSPORT OFFICER
KERALA STATE TRANSPORT CORPORATION,,
THIRUVANANTHAPURAM.
ADDL R4. TRIVANDRUM DEVELOPMENT AUTHORITY
TVM REPRESENTED BY THE SECRETARY
ADDL R5. PRINCIPAL GENERAL MANAGER
BHARAT SANCHAR NIGAM LTD, SHASTHA TOWERS,KOWDIAR
POST,TVM-3
(ADDL R4 & R5 ARE IMPLEADED AS PER ORDER DATED
30-04-2009 IN IA 5533/2009)
BY ADVS.
SHRI.JOHNSON P.JOHN, SC, KSRTC
SRI.M.RAJAGOPALAN NAIR, SC, TRIDA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.09.2021, ALONG WITH WP(C).12943/2009,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).Nos.12943 & 12944 of 2009
3
P.V.KUNHIKRISHNAN, J.
-------------------------------
W.P.(C).Nos.12943 & 12944 of 2009
----------------------------------------------
Dated this the 14th day of September, 2021
JUDGMENT
These writ petitions are connected and therefore, I am
disposing these cases by a common judgment.
2. It will be better to quote the prayers in one of the
writ petition. The prayers in W.P.(C).No.12943 of 2009 are
extracted hereunder:
i. Issue a writ of prohibition or any other writ,
direction or order stopping all further actions
pursuant to Ext.P4.
ii. Issue a writ of mandamus or any other writ,
direction or order directing the respondents to
accommodate the telephone booth run by the
petitioner in the premises of the 3 rd respondent and
to allow it to function in future also.
iii. Issue such other writ, direction or order deemed fit
and proper by this Hon'ble Court and that may be
prayed for by the petitioner.
iv. Order payment of cost of this proceedings to the
petitioner herein.
W.P.(C).Nos.12943 & 12944 of 2009
2. When these writ petitions came up for consideration
before this Court on 30.04.2009, this Court passed an interim
order originally. Subsequently, at the instance of the
respondents, the interim order was vacated as per order dated
06.01.2010, which is extracted hereunder:
"In both the above Interlocutory Applications, the
interim prayer is to vacate the interim order passed by
this Court in the writ petitions.
2. The writ petitioners are admittedly
conducting telephone booths in the premises of the
Bus Stand at Thampanoor in Thiruvananthapuram
District which is being operated by the Kerala State
Road Transport Corporation Ltd. The premises is
sought to be vacated by the Corporation for
reconstruction of the Central Bus Stand in the same
premises. For the said purpose an agreement has
been executed by the Corporation with the Trivandrum
Development Authority, Thirvananthapuram (TRIDA),
namely, the additional fourth respondent herein. It is
the case of the Corporation that as per the agreement,
all the stalls had to be vacated by 30.04.2009 and,
accordingly, notices were issued to the respective
parties. The learned counsel for the writ petitioners
submitted that the writ petitioners have no objections
to vacate the premises provided suitable locations are
provided as in the case of other occupants.
3. Going by the averments in the affidavits
W.P.(C).Nos.12943 & 12944 of 2009
accompanying the I.As, the Corporation has already
directed shifting of the telephone booths of the writ
petitioners to the newly allotted locations. Of course,
there can be disputes regarding the other formalities,
still in the interest of General Public, the interim order
will have to be modified to enable the Corporation to
complete the reconstruction works. Therefore, the
interim order is vacated.
4. It is submitted by the learned counsel for
the writ petitioner in W.P.(C).No.12944/2009 that the
writ petitioner is no more and his wife is now
entrusted with the functioning of the telephone booth.
5. The competent officer of the Corporation
will take steps to see that the telephone booths are
shifted within a reasonable time, at any rate within ten
days from today to a convenient location. But, it
should be seen that the writ petitioners are not
deprived of their livelihood and a suitable location will
have to be found out to enable them to continue the
telephone booths. The petitioner will comply with all
other formalities for conducting the booths, like
licences from the local authority etc."
3. Today these writ petitions came up for final hearing.
The counsel for the petitioners submitted that if there is any
grievance to the petitioners in the light of the observation in
paragraph 5 of order dated 06.01.2010, the petitioners may be
allowed to approach the respondents or this Court.
W.P.(C).Nos.12943 & 12944 of 2009
In the light of the above submission, these writ petitions
are closed, with liberty to the petitioners to approach the
respondents or this Court, if there is any fresh cause of action.
Sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
W.P.(C).Nos.12943 & 12944 of 2009
APPENDIX OF WP(C) 12943/2009
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF PHOTOGRAPHS AND NEWS
REGARDING INAUGURATION OF THE TELEPHONE
BOOTH
EXHIBIT P2 TRUE COPY OF LETTER DATED 27.2.2003
EXHIBIT P3 TRUE COPY OF LICENCE FEE RECEIPT ISSUED
BY THE THIRD RESPONDENT
EXHIBIT P4 NOTICE DATED 21.4.2009
EXHIBIT P5 TRUE COPY OF REPRESENTATION DATED
23.4.2009
EXHIBIT P6 TRUE COPY OF LETTER DATED 27.4.2009 OF
3RD RESPONDENT
EXHIBIT P6 SIX PHOTOGRAPHS SHOWING THE RELOCATION
OF OTHER BOOTHS IN KSRTC STAND
RESPONDENTS' EXHIBITS
EXHIBIT R1(A) TRUE COPY OF THE NOTICE DATED
03.10.2009
W.P.(C).Nos.12943 & 12944 of 2009
APPENDIX OF WP(C) 12944/2009
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF LICENCE FEE RECEIPT ISSUED
BY THE THIRD RESPONDENT
EXHIBIT P2 NOTICE DATED 21.4.2009 OF THIRD
RESPONDENT
EXHIBIT P3 TRUE COPY OF REPRESENTATION DATED
23.4.2009
EXHIBIT P4 SIX PHOTOGRAPHS SHOWING THE RELOCATION
OF OTHER BOOTHS IN KSRTC STAND
RESPONDENTS' EXHIBITS
EXHIBIT R1(A) TRUE COPY OF THE NOTICE DATED
03.10.2009
